{"operation":"document","citation":"03-0085","title":"Core Foam — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-06-20","effective_on":null,"summary":"03-0085 response to Core Foam concerning 173.154.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0085.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0085.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0085","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030085.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh St., S.W.\nSpeeia Programs\nJUN 2 O 2003\nidministration\nMr. Richard Porter\nPresident\nRef. No. 03-0085\nCore Foam\nP.O. Box 10393\nKnoxville, TN 37939\nDear Mr. Porter:\nThis is in response to your March 25, 2003 letter, and subsequent telephone conversation with\nSandra Webb of my staff requesting clarification as to whether your product described as \"Core\nFoam Foaming Catalyst Concentrate\" offered for transportation by your company may be shipped\nunder the description \"Consumer commodity, ORM-D\" under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180).\nYour letter refers to your product as consisting of, but not limited to, a liquid blend of acids,\nsurfactants, and other aryl/alkyl sulfonic acids with no more than 5 percent free sulfuric acid. This\nmaterial is packaged in one-gallon containers, packed four (4) per box and is being offered for\ntransportation as limited quantities under 173.154(b). Also, your letter indicates that the concentrate\nis not intended for sale through a retail agency but rather a wholesale distributor and is not consumed\nby individuals for purposes of personal care or household use. In the telephone conversation with\nMs. Webb you indicated that your product meets the Packing Group III criteria.\nIn accordance with 49 CFR 173.22, it is the shipper's responsibility to properly classify a hazardous\nmaterial for transportation. This Office does not perform this function. In general terms, a consumer\ncommodity is a material that is packaged and distributed in a form intended or suitable for retail sale\nand personal or household use. This definition includes materials that are suitable for retail sale even\nif your company does not specifically intend to do so. Therefore, based on the information\nprovided in your letter, it is the opinion of this Office that your product \"Core Foam Foaming\nCatalyst Concentrate\" qualifies for the consumer's commodity exception provided under\n§ 173.154(c).\nI hope this information is helpful. If we can be of further assistance, please contact this Office.\nChief, Standards Development\nOffice of Hazardous Materials Standards\n173.154\n030085\n\n<<<PAGE 2>>>\n\nwebb\n§173.156\nFORM\nConsumer Commodity /0R42:\nMasonry Foam Insulation\n03-0085\n25 March 25, 2003\nEdward Mazzullo\nDirector of Office of Hazardous Materials Standards\nUSDOT/RSPA (DHM-10)\n400 7\" Street SW\nWashington, DC 20590\nDear Sir:\n\"CoreFoam Foaming Catalyst Concentrate,\" with respect to classification as a Consumer\nCoreFoam, Inc. is requesting written clarification on the status of one of its products,\nCommodity/ORM-D material.\nCoreFoam Foaming Catalyst Concentrate is a liquid blend of acids and surfactants,\nnamely phosphoric acid and other aryl/alky! sulfonic acids with not more than 5 percent\nException 173.154 according to the List of Hazardous Substances. The concentrate is\nfree sulfuric acid. All of the blend constituents meet the criteria for the Limited Quantity\npackaged in one gallon containers, packed 4 per box, and is shipped by CoreFoam via\ncommon carrier to customers, typically insulation contractors, who have the specialized\ncompressed air to produce foam insulation which is injected into concrete masonry walls\nequipment and training necessary to combine the concentrate with water, resin and\nor other enclosed cavities.\nCoreFoam, Inc. currently treats the concentrate as a Hazardous Material with respect to\nlabeling and shipping papers and also pays a hazardous material surcharge for all\nsupply similar products in similar packaging to the same customer base via common\nshipments of the product. Other competitor(s) in the industry, however, apparently\ncarrer yet classify these materials as ORM-D/Consumer Commodity goods, which\nproduct(s) seem less hazardous.\nallows them to avoid the hazardous material surcharge and, by inference, makes their\nIn reviewing the definitions of ORM-D/Consumer Commodity goods, the classification\nof CoreFoam Foaming Catalyst Concentrate and other competitive products is unclear.\nOn the one hand the concentrate meets the definition of ORM-D in that a limited hazard\nis present during transportation due to its form, quantity and packaging. The concentrate\nclearly appears not to be a Consumer Commodity, however, since the intended sales\noutlet is through wholesale distribution rather than retail sales, the material requires\nspecialized training and equipment to use and the material is not consumed by individuals\nfor purposes of personal care or household use..\nP.O. Box 10393 • Knoxville, TN 37939 • 1,800.656.FOAM (3626) • Fax: 865.588.6607 • www.corefoam.com\nCoreFoam Inc.\n\n<<<PAGE 3>>>\n\nCan you please clarify whether or not CoreFoam, Inc. can label and ship its Foaming\nshipping the goods as a limited quantity of a hazardous material?\nCatalyst Concentrate as an ORM-D/Consumer Commodity material or should continue\nfor addressing this inquiry.\nIf there are questions, please call Richard Porter at 1-800-656-3626. Thanks in advance\nSincerely,\nCoreFoara, Inc.\nRichard Porter.\nPresident","truncated":false,"body_characters":5087}